A Norfolk Circuit Court judge has halted implementation of the state’s school takeover division, finding that the legislation is not constitutional.

In a ruling issued today, Judge Charles E. Poston said because the Virginia constitution vests the authority to establish school divisions in the Board of Education -- and not the General Assembly -- the legislation creating the Opportunity Educational Institution is not constitutional “because it purports to establish a statewide school division and because it purports to create a school division that is not supervised by a school board.”

The question now is whether Gov. Terry McAuliffe’s administration will appeal the decision, which some have suggested could go to the State Supreme Court.